Mr. Speaker, I am splitting my time with the member for La Pointe-de-l'Île.
It is always a pleasure to be in a full house. Everyone has flocked to the House of Commons to hear my speech tonight.
This bill is a start. Obviously, New Democrats recommend that the bill go to committee so it can be analyzed, witnesses can be brought in, some of the points ironed out, and hopefully make the bill stronger.
There are four main changes to the Corruption of Foreign Public Officials Act contained in the bill. It increases the maximum sentence of imprisonment applicable to the offence of bribing a foreign public official from 5 to 14 years. It eliminates the exception for so-called facilitation payments where a foreign official is paid to expedite the execution of his or her responsibilities. It creates a new offence for falsifying or concealing books or records in order to conceal bribery of a foreign official. It establishes a national jurisdiction that would apply to all of the offences under the act, such that Canadian nationals could be prosecuted for offences committed overseas.
One of the issues the committee might want to look at is how this would affect various groups and NGOs overseas that are trying to function in a country in which corruption is everywhere. We have seen films in which people are trying to advance through checkpoints and through no fault of their own, they have to pay bribes at illegal roadblocks or whatever, in order to deliver the aid. This bill would certainly tighten up the reaction to that corruption. I am wondering how we would address that situation. Obviously, a strong message would have to be sent to the government of that particular country. I am sure the committee will be looking at that.
There are a couple of points I want to emphasize. One is that we have long supported clear rules requiring transparency and accountability by Canadian individuals and corporations overseas. This bill complements legislative efforts by NDP MPs to encourage responsible, sustainable, and transparent management practices. We acknowledge that the lack of enforcement in Canada with respect to bribery can be considered, to an extent, a national embarrassment. We are pleased that the government is finally responding to this problem. It took a long time, but at least we are on the right track.
Most Canadians want our companies to be successful and responsible representatives of Canada. Canadian companies want clear and consistent standards for international business. In other words, why would we allow an official of a Canadian multinational to act differently in another country than we would allow here? That is what this bill is trying to enforce. We need to enforce loophole-free regulations that will create a level playing field for all companies while ensuring environmental, labour, and human rights protection of which we can all be proud in this country.
We have certain values and standards in this country when we deal with each other. We need to ensure that when we are doing business in other countries, we apply the same values and standards. That is one of the points this bill is driving at.
In a report released in 2011, Transparency International ranked Canada as the worst of all the G7 countries with respect to international bribery. I say this is disgraceful. The organization pointed out that Canada rarely, if ever, enforces its negligible anti-corruption legislation.
Since then, the government has started trying to address this national embarrassment. However, since 1999, there have only been three convictions, two of them in the past two years. When I read that, I was surprised. It seems that we should be in first place with regard to corruption and our fight against corruption.
By eliminating the facilitation payments exception, the bill will bring Canada’s practices in line with 36 of the 39 other OECD countries. That is a good idea.
However, while the rest of the bill comes into effect on royal assent, the rules on facilitation payments will come into effect at an unknown later date, as cabinet wishes.
I am wondering about this point and I hope we will discuss the bill’s mechanism in more detail in committee.
In the United States, the rule on accounting records is already used in civil matters by the Securities and Exchange Commission. Canada has no equivalent regulatory authority, but there is a similar rule in criminal law.
I would also like to point out that the bill is of particular importance for the mining industry, where the NDP has been and is still an ardent defender of accountability. I can cite, for instance, Bill C-323 from the member for Burnaby—New Westminster, which seeks to permit people who are not Canadian citizens to initiate tort claims based on violations of international obligations in Canadian courts.
Furthermore, I can cite Bill C-486 from the member for Ottawa Centre, I think, which requires companies that use minerals from the Great Lakes Region of Africa to exercise due diligence.
The political elite that benefits from corruption, particularly in countries and industries where corruption is rife, is made up primarily of men, which is interesting. At the same time, it is primarily women who lack government protection.
We support this bill and we believe that it must be sent to committee to facilitate discussion, as I just mentioned.
The bill will amend the definition of the term “business” to include the non-profit organizations I mentioned earlier. At committee stage, members will have to study the impact of this provision on charitable organizations and humanitarian relief agencies, which can sometimes be required to make a payment to accelerate the provision of essential aid or to actually obtain aid, something that I also mentioned at the beginning of my speech.
The committee should also determine the impact of making these activities indictable offences that are subject to imprisonment of up to 14 years, because it is a threshold over which conditional discharges, absolute discharges and conditional sentences become impossible. Therefore, the committee really must determine whether 14 years of imprisonment is the right direction to take.
I am going to stop here, and I look forward to all the questions.